GENERAL TERMS AND CONDITIONS
General Terms and Conditions of Kramski Putter GmbH, Goethestrasse 49, 75217 Birkenfeld Effective from: November 2015
1. Validity of GTC
Our General Terms and Conditions shall apply to all contracts concluded by any consumer or entrepreneur (hereinafter the “customer”) with us as the seller regarding the goods and/or services we offer. Any General Terms and Conditions of the customer shall not apply.
2. Contract processing
2.1 Our product descriptions are no binding offers but merely serve for the submission of a binding offer by the customer.
2.2 The customer may submit the offer using the online order form integrated into the seller’s online shop. After having added the selected goods and/or services to the virtual shopping cart and having completed the electronic order process, by clicking the button completing the order process the customer submits a legally binding offer to enter into a contract with regard to the goods and/or services contained in the shopping cart. The customer may also submit his or her office by telephone, fax, email or by mail.
2.3 The seller may accept the customer’s offer within five days
- by sending the customer a written order acknowledgment or an order acknowledgment in text form (fax or email), and receipt of the order acknowledgment at the customer shall be decisive in this regard, or
- by delivering the ordered goods to the customer, and receipt of the goods at the customer shall be decisive in this regard, or
- by demanding payment from the customer after submission of its order.
If several of the above alternatives apply, the contract shall take effect at the time when one of the aforementioned alternatives occurs first. If the seller fails to accept the customer’s offer within the aforementioned period, the offer is deemed to have been rejected, with the consequence that the customer is no longer bound to his or her declaration of intent.
The period for acceptance of the offer shall start on the day after the customer dispatched the offer, and shall end upon expiry of the fifth day following the dispatch of the offer.
When an offer is submitted using the online order form of the seller, the wording of the contract will be saved by the seller and sent to the customer in text form after submission of the order, in addition to the present GTC (e.g. email, fax or letter). In addition, the wording of the contract will be archived on the seller’s website and can be accessed by the customer free of charge using his or her password-protected customer account after entering the corresponding login data, provided that the customer created a customer account in the seller’s online shop before submitting his or her order.
Prior to submitting a binding order using the seller’s online order form, the customer may continuously correct his or her entries with the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before submitting a binding order, and can be corrected there also using the usual keyboard and mouse functions.
The contract can be concluded exclusively in the German language.
Unless expressly agreed otherwise, we are exclusively entitled to all rights (in particular property rights and copyrights, rights of exploitation under copyright as well as industrial property rights) to the contract documents made available to the customer within the scope of our business relationship (in particular drafts, drawings, brochures, catalogues, illustrations, calculations, etc.) as well as samples, models and prototypes. The customer may use and exploit the aforementioned documents, samples, models and prototypes only within the scope of the contracts concluded with us and only with our approval.
4. Right of cancellation
In case of a distance selling deal and when the statutory provisions are met, consumers have a right of cancellation in accordance with the following provisions. Consumers are any natural person entering into a legal transaction for purposes which predominantly cannot be attributed to their commercial or independent professional activities.
Instruction concerning the right of cancellation
Right of cancellation
You are entitled to cancel this contract within fourteen days, without stating any reasons. The cancellation period is fourteen days from the day when you or any third party designated by you except the carrier have/has taken possession of the last goods.
In order to exercise your right of cancellation, you have to notify us, the company Firma Kramski Putter GmbH, Goethestrasse 49, 75217 Birkenfeld, phone 07231 42 45 430, fax 07231 42 45 297, mail email@example.com with a clear declaration (e.g. letter sent by mail, fax or email) regarding your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, which is, however, not mandatory.
You may also complete and send the sample cancellation form or any other clear declaration electronically on our website www.kramski-putter.de. If you use this option, we will immediately send you an acknowledgment (e.g. by email) of the receipt of such cancellation.
To meet the cancellation deadline it is sufficient if you send the notification that you exercise the right of cancellation before expiry of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we shall immediately refund all payments we have received from you, including the shipping charges (except any additional costs resulting from your selection of another type of delivery than the most favourable standard delivery we offer), at the latest within fourteen days from the day when we received the notification of your cancellation of this contract. We will use the same means of payment for the repayment than you used for the original transaction, unless expressly agreed otherwise with you; we will not charge you any fees for this repayment in any case. We are entitled to refuse repayment until we received the goods back, or until you provided evidence that you have returned the goods, whichever is earlier.
You shall return or hand over to us the goods immediately and in any case not later than within fourteen days from the day when you informed us on the cancellation of this contract. The deadline is met when you dispatch the goods before expiry of the period of fourteen days.
We shall pay the costs for the return of those goods which cannot be returned by mail due to their nature (e.g. bulky goods). You shall pay the direct costs for the return of those goods which can be returned by mail due to their nature.
You only have to pay for any possible diminished value of the goods if this loss in value results from handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
5. Prices and terms of payment
5.1 Unless stated otherwise in the seller’s offer, the indicated prices are final prices which include statutory turnover tax. Any additional delivery or shipping costs that may occur are indicated separately in the respective product description.
5.2 Deliveries to countries outside the European Union may entail further costs in the individual case, for which the seller is not responsible and which have to be paid by the customer. These costs include for example expenses for the transfer of money by credit institutions (e.g. transfer charges, currency conversion charges) or import duties or taxes (e.g. customs duties).
5.3 The customer has different payment options, for example prepayment, payment using PayPal and cash payment if the customer collects the goods.
5.4 If prepayment has been agreed, the payment shall be due immediately after contract conclusion.
6.1 Unless agreed otherwise, the goods shall be delivered by mail to the delivery address indicated by the customer. The delivery address indicated in the seller’s order processing document shall be decisive for processing the transaction. In deviation hereof, in case of using the PayPal payment method, the delivery address deposited by the customer with PayPal at the payment date shall be decisive.
6.2 If the forwarding agent returns the shipped goods to the seller because they could not be delivered to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply if the customer is not responsible for the circumstance resulting in the impossibility of delivery, or if the customer was temporarily prevented from accepting the offered service, unless the seller had announced the service well ahead of time.
6.3 In general, the risk of accidental loss and accidental deterioration of the sold goods shall pass upon handover to the customer or a person authorised to accept delivery. If the customer is acting as an entrepreneur, in case of contracts of sale involving the carriage of goods the risk of accidental loss and accidental deterioration shall pass upon delivery of the goods to an appropriate forwarder at the seller’s place of business.
6.4 The seller reserves the right in case of incorrect or improper delivery by its sub-suppliers to withdraw from the contract. This shall apply only in case that the seller is not responsible for the non-delivery, and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer shall be immediately informed and the consideration shall be refunded without delay.
6.5 In case of collection, the seller shall inform the customer by email that the goods ordered are ready for collection. After receipt of this email, the customer may collect the goods from the seller‘s premises in consultation with the seller. In such case, no shipping costs will be charged.
6.6 We are entitled to make partial deliveries to entrepreneurs.
7. Reservation of title
7.1 As far as consumers are concerned, the seller reserves title to the delivered goods until full payment of the purchase price owed.
7.2 As far as entrepreneurs are concerned, the seller reserves title to the delivered goods until all accounts receivable from the current business relationship are completely paid.
7.3 If the customer is acting as an entrepreneur, he or she is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties in the amount of the respective invoice value (including sales tax) in advance to the seller. This assignment shall apply irrespective of whether the reserved goods have been resold without or after being processed. The customer remains entitled to collect the receivables after the assignment. The seller’s authority to collect the receivables itself shall remain unaffected thereof. However, the seller will not collect the receivables as long as the customer meets his or her payment obligations to the seller, is not in default with any payments, and no application for the opening of insolvency proceedings has been filed.
8. Liability for material defects
If the purchased goods are defective, the statutory provisions shall apply. The following shall apply in deviation hereof:
8.1 For entrepreneurs
- a minor defect does in general not form a basis for any claims for defects,
- the seller shall be entitled to choose the type of subsequent improvement,
- the limitation period for defects of new goods is one year from transfer of the risk.
- the rights and claims based on defects are generally excluded for used goods.
- the limitation period shall not be renewed if replacement delivery is carried out within the scope of the liability for defects.
The limitation period is restricted in time by the respective minimum durability.
8.2 For consumers, the limitation period for claims based on defects is
- two years from delivery of the goods to the customer in case of new goods.
- one year from delivery of the goods to the customer in case of used goods, with the restriction of Section 8.3.
The limitation period is restricted in time by the respective minimum durability.
8.3 For entrepreneurs and consumers, the preceding limitations of liability and restrictions of the limitation period in Sections 8.1 and 8.2 do not apply to claims for damages and expenses which can be asserted by the buyer according to the statutory provisions for defects in accordance with Section 8.
8.4 In addition, for entrepreneurs the statutory limitation periods for the right of recourse pursuant to § 478 of the German Civil Code (BGB) shall remain unaffected. The same applies to entrepreneurs and consumers in case of deliberate breach of duty and fraudulent concealment of a defect.
8.5 If the customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he or she is subject to the commercial obligation of examination and notification according to § 377 HGB. If the customer fails to perform the duties of notification regulated there, the goods shall be deemed accepted.
8.6 If the customer is acting as a consumer, he or she is asked to complain to the delivery agent about any delivered goods with obvious transport damages, and notify the seller accordingly. If the customer fails to meet this obligation, this shall not have any effects on his or her statutory or contractual claims for defects.
8.7 If supplementary performance takes place by way of replacement delivery, the customer is obligated to return the initially delivered goods within 30 days to the seller at the seller’s expense. The defective goods shall be returned in accordance with the statutory provisions.
8.8 We would like to point out that our liability for defects is limited to the presence of defects; it is clarified that if the customer does not like the goods, this does not constitute a defect.
The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims including tortious claims for damages and expenses as follows:
The seller shall be liable without any restrictions on any legal basis
- for intent or gross negligence,
- for grossly negligent or deliberate injury to life, body and health,
- due to a warranty bond, unless provided otherwise in this respect,
- due to mandatory liability, e.g. under the Product Liability Act.
If the seller violates a material contractual obligation through negligence, liability shall be limited to the foreseeable damage typical for this kind of contract, unless liability is unlimited according to the provisions above. Material contractual obligation are obligations that the contract imposes on the seller according to its content in order to obtain the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place, and whose compliance the customer may regularly rely on. Apart from that, any liability of the seller is excluded. The liability provisions above shall also apply with regard to the seller’s liability for its vicarious agents and legal representatives.
10. Applicable law, place of jurisdiction
All legal relations of the parties shall be governed by the law of the Federal Republic of Germany, with the exclusion of the UN sales law (law on the international purchase of movable goods). For consumers, this choice of law shall apply only if the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
If the customer is acting as a merchant, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or any claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above-mentioned cases, the seller shall be entitled in any case to take legal action at the customer’s place of residence.